DISCLAIMER
Legal
Agreement
This Agreement contains the general terms and conditions that apply
to an individual's or entity's participation in the AMSIRES Affiliate
Marketing and Expansion Program.
Enrollment Policy:
To begin the enrollment process, you will submit a complete program
application via our website. We will evaluate your application and will
notify you of your acceptance or rejection. We may reject your application
if we determine that your site is unsuitable for the program. Unsuitable
sites include those that:
1. are unrelated
to the real estate or travel industries
2. promote sexually explicit materials
3. promote violence
4. promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
5. promote illegal activities
6. otherwise violate intellectual property rights
If we
reject your application, you are welcome to reapply to the program at
any time. You should also note that if we accept your application and
your site is thereafter determined to be unsuitable for the program,
we may terminate this agreement.
Linking
Policy:
To permit
accurate tracking, reporting, and referral fee accrual, we will provide
you with the link to your own branded pages, each requesting services
from AMSI. When a visitor submits a form from one of these pages, you
are automatically logged as the referring website. You will only earn
referral fees with respect to new business at AMSI generated through
your branded pages. We will not be financially liable to you with respect
to any failure by you to use these co-branded pages.
We also will provide a reciprocal link to the home page of your site
on our Partners Page which is linked from our home page.
Processing:
We
will record all form submissions by customers who have made requests
from your
branded pages. We reserve the right to reject orders that do not comply
with any
requirements that we may periodically establish. We will be responsible
for all aspects
of customer service and fulfillment.
Referral Fees:
We will pay you referral fees based on our current referral fee schedule
(see referral tracking). We will not pay you referral fees on any services
that are provided to customers who access AMSI inventory from any pages
other than your branded URLs.
Referral Fee Rates:
The current referral fee rate is based on the length of each paid stay.
$100 - to be paid for guests or properties with a 7 - 45 day reservation
or contract
$200 - to be paid for guests or properties with a 46 day - 6 month reservation
or contract
$250 - to be paid for guests or properties with a reservation or contract
greater than 6 months
Referral
Fee Payment Schedule:
We will pay you referral fees on a monthly basis. At the end of each
month, we will send you a check for the referral fees earned on leases
signed during that quarter, less any taxes that we are required by law
to withhold. However, if the referral fees payable to you for any calendar
month are less than $25.00, we will hold those referral fees until the
total amount due is at least $25.00 or (if earlier) until this Agreement
is terminated. If for some reason a refund is granted to a customer,
we will deduct the corresponding referral fee from your next monthly
payment. If there is no subsequent payment, we will send you a bill
for the referral fee.
Responsibility for Your Site:
You will be solely responsible for the development, operation, and maintenance
of your site. We hereby disclaim all liability. Further, you will indemnify
and hold us harmless from all claims, damages, and expenses (including,
without limitation, attorneys' fees) relating to the development, operation,
maintenance, and contents of your site.
Term of the Agreement:
The term of this agreement will begin upon our acceptance of your program
application and will end when terminated by either party. Either you
or AMSI may terminate this agreement at any time, with or without cause,
by giving the other party written notice of termination. Upon the termination
of this agreement for any reason, you will immediately cease use of,
and remove from your site, all links to our site, and any AMSI trademarks,
logos, and all other materials provided by or on behalf of us to you
pursuant hereto or in connection with the affiliate program.
Modification:
We may modify any of the terms and conditions contained in this agreement
by giving 30-days advance notice to all affiliate partners and by posting
a change notice or a new agreement on our site. Modifications may include,
for example, changes in the scope of available referral fees, referral
fee schedules, payment procedures, and program rules.
IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties:
You and we are independent contractors, and nothing in this agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. You
will have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your site
or otherwise that reasonably would contradict anything in this Section.
Limitation of Liability:
We will not be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, or data) arising in connection with
this Agreement or the Program, even if we have been advised of the possibility
of such damages. Further, our aggregate liability arising with respect
to this agreement and the affiliate program will not exceed the total
referral fees paid or payable to you under this agreement.
Disclaimers:
We make no express or implied warranties or representations with respect
to the affiliate program. In addition, we make no representation that
the operation of our site will be uninterrupted or error-free, and we
will not be liable for the consequences of any interruptions or errors.
Independent Investigtion:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY
OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM
THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR
TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON
ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH
IN THIS AGREEMENT.
Miscellaneous:
This Agreement will be governed by the laws of the United States and
the state of California, without reference to rules governing choice
of laws. Any action relating to this agreement must be brought in the
federal or state courts located in San Francisco, California, and you
irrevocably consent to the jurisdiction of such courts. You may not
assign this Agreement, by operation of law or otherwise, without our
prior written consent. Subject to that restriction, this agreement will
be binding on, inure to the benefit of, and enforceable against the
parties and their respective successors and
assigns. Our failure to enforce your strict performance of any provision
of this agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this agreement.
